Framing of charge
Section 240 of the Code of Criminal Procedure, 1973 deals with framing of charge. If, upon such consideration, examination, if any, and hearing, the Magistrate is of opinion that there is ground for presuming that the accused has committed an offence triable under this Chapter, which such Magistrate is competent to try and which, in his opinion, could be adequately punished by hi The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
(1) If, upon such consideration, examination, if any, and hearing, the Magistrate is of opinion that there is ground for presuming that the accused has committed an offence triable under this Chapter, which such Magistrate is competent to try and which, in his opinion, could be adequately punished by him, he shall frame in writing a charge against the accused.
(2) The charge shall then be read and explained to the accused,
and he shall be asked whether he pleads guilty of the offence charged or claims to be tried.
Section 240, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 263 Framing of charge Text carried over almost unchanged 95%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Vikrant Rana @ Shankar vs State Of Haryana
Court's Decision & Legal Precedent
At the stage of framing charges under Sections 227, 239, and 240 of the Code of Criminal Procedure, the trial court is required to evaluate the material presented by the investigating agency only to ascertain whether the facts emerging from the record, if taken at their face value, disclose the existence of all the ingredients constituting the offence alleged. The trial court is not required to weigh the probative value of the material or to consider the probable defence of the accused. The standard of evaluation is limited to determining whether a prima facie case exists, and the adequacy and sufficiency of evidence is not to be considered at this stage. The veracity of evidence can only be evaluated during the trial.
On this section: Charge framing procedure - establishes legal framework for evaluation of evidence at charge framing stage
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Adi Malik vs State
Court's Decision & Legal Precedent
A magistrate cannot record a plea of guilt and convict an accused under Section 241 Cr.P.C. without first complying with the mandatory procedural requirements of Sections 239 and 240 Cr.P.C., which require the magistrate to consider the police report and material and form an opinion that charges should be framed. Failure to comply with these provisions, particularly when coupled with the absence of legal representation for the accused, constitutes a failure of justice that cannot be cured under Section 464 Cr.P.C., and necessitates quashing of the conviction and remittal for fresh proceedings.
On this section: Magistrate's duty to frame charge in writing after consideration and examination - not complied with in this case
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… ( ii ) In cases of trials of warrant cases by Magistrates if the cases are instituted upon police reports the trials shall be treated to have commenced when charges are framed under Section 240 of the Code of Criminal Procedure, 1973 while in trials of warrant cases by Magistrates when cases are instituted otherwise than on police report such trials shall be treated to have commenced when charges are framed against the accused concerned under Section 246 of the Code of Criminal Procedure, 1973. ( iii …
Questions about Section 240
What have the courts held on Section 240 of the Code of Criminal Procedure?
Vikrant Rana @ Shankar vs State Of Haryana (01 Apr 2025) is the leading judgment on this section among those set out below: Charge framing procedure - establishes legal framework for evaluation of evidence at charge framing stage. Another 1 judgment on this section is set out below. They run from 2019 to 2025.
How do I find court cases under Section 240 of the Code of Criminal Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CRPC 240, section 240 CRPC, section 240 of the Code of Criminal Procedure. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Vikrant Rana @ Shankar vs State Of Haryana (01 Apr 2025).
What should I read with Section 240 of the Code of Criminal Procedure, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNSS 263 (Framing of charge), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 240 of the Code of Criminal Procedure come into force?
Section 240 of the Code of Criminal Procedure, cited as CRPC 240, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.